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Thread: Re: just share alike




Re: just share alike
country flaguser name
Germany
2007-04-26 07:12:45
Erik Moeller schrieb:
> b) under moral rights jurisdictions, it's impossible to
relinquish
> that right (see http://en.w
ikipedia.org/wiki/Moral_rights )

In Germany, it's explicitly possible to relinquish that
right by 
publishing anonymously. (Which might be an option for the
original 
poster, too.)

The snag is that republishing such a work is risky.
Copyright for 
anonymous works terminates earlier than that for
non-anonymous works.
Now if somebody releases anonymously, waits until the
copyright period 
is over, he may come forth later, claim ownership of the
work and start 
to collect royalties for years of unlicensed use.
In the case of CC-!ND, he may come forth later, claim that
somebody else 
removed the ND part of the license, and start to collect
royalties, too.

So while it is indeed generous to actively waive the BY
rights, it's 
impractical as long as anonymous works have a shorter
deadline than 
those with an author. (I really don't understand that. If 10
years 
aren't enough to recover the investment into a work, it's
probably not 
useful enough to the general public. But that's a different
can of 
worms, of course.)

I'm not sure how much of that actually went into CC's
decision, it's 
just the particular situation over here in Germany.


Note to the OP: I'd recommend putting the author's name into
the image's 
metadata and leave it at that. You could promise not to sue
over not 
being named as an author, and let the creators of derivative
works 
decide whether they'll trust you (and, possibly, your heirs
after your 
death) to rely on that word.
It's essentially the same situation as when you published
the work under 
a non-BY license, at least here in Germany...

Regards,
Jo
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